Publications

Transparency of the judiciary in Bosnia and Herzegovina in the processing of corruption-related criminal offenses

Erna Mačkić
2018

An analysis of the transparency of judicial institutions points to certain systemic deficiencies that need to be addressed in order to improve communication of the judiciary with the public. A review of the web pages of courts and prosecutor’s offices in BiH shows that the rules on the publication of indictments and judgments are not consistently applied.

Discussion Paper

Shortcomings in the processing of corruption in Bosnia and Herzegovina: Procedural and organizational perspective

Hajrija Sijerčić-Čolić
2018

Although the BiH Council of Ministers adopted the Anti-Corruption Strategy 2015-2019 and the Action Plan for the Implementation of the Strategy for the Fight against Corruption 2015-2019, whereby they also warn of the well-known disastrous consequences of corruption criminal offences, there are still a number of weaknesses and problems in the processing of these offences in BiH.

Report

Squaring the Anti-discrimination Triangle in BiH: Legal Framework, Policies and Practices 2016-2018

Dženana RadončićEdin HodžićMidhat Izmirlija
2018

The fact that, almost ten years after it was established, the system of protection against discrimination in BiH is still not fully functional is certainly a cause for concern, but also for the increased engagement of all relevant actors.

Policy Memo

Amendments to the Legal Framework for Protection Against Discrimination in BiH: Progress Achieved and Further Improvements

2018

The 2016 Amendments to the Law on the Prohibition of Discrimination have brought a significantly improved legal framework in BiH in this field.

Commentary

Intersectional Discrimination: A Slow Progression from Theory towards Legislation and Jurisprudence

Amila Kurtović
2018

Jurisprudence in European countries concerning multiple discrimination is generally scarce and does not provide adequate guidance for dealing with these cases.

Commentary

Violence Against Women and Systemic Discrimination: a Long Way to Justice

Aleksandra Ivanković
2018

Violence against women is often not recognized, even when it comes to severe and long-lasting forms of physical violence, which leaves serious physical and psychological consequences. It is even more rare that women who are victims of such violence receive adequate protection from relevant institutions. What kind of protection, in such circumstances, victims of psychological and economic violence can expect and to what extent the institutions in BiH are in fact able to tackle violence against women?

 

European Court of Human Rights and Protection against Discrimination: Jurisprudence and Evolution of Standards

2018

This edited volume published by Analitika brings together papers which address the complex issues related to the right to freedom from discrimination focusing on the relevant jurisprudence of the European Court of Human Rights

Recommendations for Strenghtening the Independence of Public Broadcasters in Serbia

Davor MarkoRade Veljanovski
2018

The focus of this policy brief is on the guarantees of institutional indepence of the public service broadcasters in the Republic of Serbia, in the context of growing political pressures and financial instability. 

Commentary

Age as a new discrimination ground in Bosnia and Herzegovina

Kosana Beker
2018

Amendments to the Law on the Prohibition of Discrimination extend the number of prohibited grounds, introducing, among others, age as a personal characteristics based on which discrimination is explicitly prohibited.

Commentary

Prohibitions of wearing religious symbols in the workplace: the perspective of the Court of Justice of the European Union

Amila Kurtović
2018

The European Court of Human Rights has developed a significant body of jurisprudence in the area of religion-based discrimination in the context of violations of religious freedoms, including those relating to the issue of religious symbols in the public and in the workplace.

Discussion Paper

The Criminal Offence of Abuse of Official Authority: Key Problems from the Perspective of its Processing in Bosnia and Herzegovina

Sabina Sarajlija
2018

In the group of criminal offenses against official duty in BiH, the largest number of charges relates to the criminal offense of Abuse of Office or Official Authority. Despite this fact, however, quite loud criticisms point out that this particular norm is extensively applied, imprecisely defined, resorted to only when there is no other option, that the factual description in the indictments and verdicts is insufficiently clear and too lengthy, that caution and restraint is needed in the application of this provision and even that the inclusion of this criminal offence in criminal codes is obsolete.

Discussion Paper

Key Problems in Prosecuting Corruption in Bosnia and Herzegovina: A Substantive Law Perspective

Adela Bejtović Janušić
2018

The reasons for the weak results of the judiciary in BiH in the prosecution of corruption are manifold. They range from the very nature of the phenomenon of corruption, which often takes place in secrecy, due to the interest of the participants themselves, which makes it particularly difficult to detect, to the inadequate institutional and legislative framework. The recommendations of international bodies, as well as the observed problems in practice, offer important guidelines for amending the legal framework in a way that would enable progress in this area.

Commentary

Discrimination on the Grounds of Disability in Bosnia and Herzegovina: The Challenges of the New Legal Provisions

Kosana Beker
2017

Persons with disabilities in Bosnia and Herzegovina continue to face numerous problems in the realization of their rights. Reports of numerous international institutions indicate discrimination of these individuals in a number of fields. Recent amendments to the Law on the Prohibition of Discrimination have, among other things, improved the mechanisms for the protection of rights of persons with disabilities. Nonetheless, the new provisions also mean new challenges for the courts in BiH.

Commentary

Education of children with disabilities in BiH: a long way from integration to inclusion

Aleksandra Ivanković
2017

According to UNICEF estimates for 2006, around 6.5 percent of children in Bosnia and Herzegovina have some form of disability. However, out of the total number of elementary and primary school attendants, only one percent of children with disabilities are included, which means that only six children with disabilities get the opportunity to attend kindergarten or elementary school with their peers.

Discussion Paper

Two schools under one roof in Bosnia and Herzegovina: (Mis)understanding the problem, and possible solutions

Alina Trkulja
2017

The education system in Bosnia and Herzegovina and the individual practices that are applied are far from being effective in encouraging understanding, tolerance and friendship among all nations and all racial, ethnic or religious groups, as required by the Framework Law on Primary and Secondary Education in Bosnia and Herzegovina and other international legal documents the state has ratified. Existing educational policies result in ubiquitous discrimination and inequality and even segregation in education. The most illustrative example of this practice are the divided / parallel schools, better known as "two schools under one roof".

Discussion Paper

Quality of indictments and verdicts in Bosnia and Herzegovina, as a feature of efficient processing of corruption-related cases

Ljiljana Filipović
2017

Demand for efficiency of the judiciary often comes down to claiming a higher number of verdicts as quickly as possible. However, such a simplified approach disregards quality of effected criminal law protection, as well as the importance and complexity of completed cases. Thus, quality of indictments and verdicts is an inevitable feature of the efficiency of judicial and prosecutorial institutions, which needs to be given particular weight in the coming period. 

Quality of the response of judiciary in BiH to corruption: preliminary results

2017

The results of the research, presented in this paper, show that the response of judicial and prosecutorial institutions in BiH to corruption is not adequate. 

Report

Monitoring of judicial response to corruption in BiH

2017

Even though the normative and institutional framework for combating corruption in BiH is in place, research has shown that in the last twenty years it remains an omnipresent phenomenon in Bosnian and Herzegovinian society. Despite the particularly important role of judiciary in combating corruption, there is a general lack of research and reports focused on prosecution of corruption-related crimes in Bosnia and Herzegovina.

Policy brief

Albanian Radio and Television – Towards Public Service Media: Expanding to Online Multimedia and Remodelling its Relationship with Audiences

Blerjana Bino
2017

The focus of this policy brief is on the contingencies of the transformation of RTSH into PSM – its political dimension and funding model. It then explores the application of multimedia strategies in the digital area and a remodelling of RTSH’s relationship with its audiences.

Policy brief

The Future of Public Service Broadcasting in Kosovo: Will a Hybrid Model of Funding change RTK’s Status Quo?

Naser Miftari
2017


The focus of this policy brief is on the issue of funding, the selection and terms of the board and management, and proposed methods to increase RTK’s accountability.